SECTION X - POST-NEGOTIATION

A.  Update events since pre-negotiation clearance approved. Discuss when pre-negotiation clearance was approved, conditions of the approval, how these conditions were resolved and where in the clearance these conditions are discussed.

B.  Negotiations. Discuss when negotiations were conducted, with which contractor(s), and the participants. Discuss requests for final proposal revisions (FAR 15.307).

C.  Elimination from Competitive Range. Discuss Contracting Officer decision to no longer include contractor(s) in the competitive range and issuance of written notices (FAR 15.306(c)(3)).

D.  Results of Negotiation

1.  Provide a summary comparison in columnar format of the respective positions of contractor(s) proposal(s), pre-negotiation objective(s), and post-negotiation position(s), by element of cost.

2.  Discuss rationale for differences in pre-negotiation and post-negotiation positions.

3.  Include any supplemental cost data obtained, such as written documents or oral presentations of actual cost data (material prices, labor hours, labor rates, overhead rates, etc.).

4.  Include an evaluation of the supplemental data and the degree to which it supports or justifies the prices negotiated with the contractor.

5.  Include a discussion on the extent to which the contracting officer relied on cost or pricing data submitted and certified by the contractor. There must be sufficient details included in the clearance to avoid difficulties in determining what cost and pricing data were relied on should defective pricing data be subsequently alleged (FAR 15.407-1).

6.  Address rationale for changes in special provisions or new special provisions added during negotiations. Attach clauses if different from those in the pre-negotiation clearance.

7.  If the Service Contract Act and/or Davis-Bacon Act is applicable, discuss whether any wage determination required updating prior to award. (FAR 22.1012 or FAR 22.404-6) If so, discuss the impact.

D.  Competitive acquisitions.

1.  Discuss source selection evaluation factors and other considerations which support the award recommendation. Discuss rationale for selection of source(s) including trade-offs between price and non-price factors. If circumstances warrant, discuss financial stability of contractor.

2.  Discuss source selection decision (FAR 15.308). If the Business Clearance Memorandum will serve as the sole record of the source selection decision, include language specifying such a determination, such as "I, [Name], the Source Selection Authority for this procurement, have independently reviewed all evaluations and recommendations provided herein. As a result of such review, I have determined [Contractor Name] to be the awardee."

E.  If pre-contract costs (FAR 31.205-32) or any other form of advance agreement (FAR 31.109) has been or will be authorized, discuss the justification for use, limitations included, and approvals obtained.

F.  Other Information pertinent to the clearance not previously addressed.

G.  Attachments, as needed or if updated from Pre-Negotiation Clearance.

1.  Certificate of Current Cost or Pricing Data

2.  DD Form 1547 and DD Form 1861.

3.  Incentive share arrangements.

4.  Special clauses.

5.  Source Selection Decision Memorandum.